New Year, New Rights: Statements of Employment Particulars for Workers and Employees

‘Workers’ are neither employees nor self-employed, but fall into a category between the two enjoying some, but not all, of the rights given to employees. For example, workers are entitled to the national minimum wage, paid annual leave and whistle blowing protection.

Over the course of the last few years the rights of workers have been extended, some by case law (see our article, Employee Worker or Self-Employed? posted 18 November 2016) and latterly by new laws introduced by the government (see our article Workers Entitled to Itemised Payslips posted 14 June 2018).

With new regulations to be introduced on 6 April 2020, every worker who starts work after that date must receive a written statement of the particulars of their engagement in the same form as currently enjoyed by employees, covering:-

  • The names of the employer and the worker.
  • The date the work starts.
  • Pay (or method of calculating it) and interval of payment.
  • Hours of work, including normal working hours.
  • Holiday entitlement and holiday pay.
  • The worker’s job title or brief description of the work.
  • Place of work.
  • A person to whom the worker can appeal if they are dissatisfied with any disciplinary decision relating to them.
  • A person to whom the worker can apply for the purpose of seeking redress of any grievance relating to their engagement and the manner in which any application should be made.

Additionally, the new regulations require that the following particulars must also be provided at the same time to all workers:-

  • The days of the week the worker is required to work and whether working hours or days may be variable, with details of how they may vary.
  • Any rights to paid leave (on top of sick leave and holiday pay), for example maternity and paternity leave.
  • Any other benefits provided by the employer.
  • Any probationary period, including any conditions and its duration.
  • Any training provided by the employer and whether the training is compulsory and/or must be paid for by the worker.
  • The notice periods for termination by either side.
  • Terms as to length of temporary or fixed term work.
  • Terms relating to work outside the UK for a period of more than one month.

There are transitional provisions for workers who were engaged before 6 April 2020, but best advice is to prepare a single form of statement for all workers covering all the above matters.

Separate template statements should be prepared for employees and workers.

If you would like any further information about the matters raised in this article or more generally relating to employment matters please contact our Glyn Evans on 01934 637911 or evans@powellslaw.com

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